Untitled Texas Attorney General Opinion

46: OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Km. Bert Ford, kdainistrator Texas Liquor Control Board hu~tln, Texas Dear~Slrr Tour inquiry of coo this quertion: "Do06 the word iteal tadlvl- the Oerarit10 porated olty la 11 be rntitlaa to re- eoll tardiapeawia.llquor l The bldsre of m&ah 0 mrohaos llquor Srcsm &+owita in this State. a perknitis tsowht mmt b4 cy regl~terod with the Stab ~;~:~usteepley and~havo on 'duty e&la.torsd phnmaeiatad must ratloa a8 6 pharrvlw SW at leadi n tha partioular ~politlaalaubdlri- psfiaic:,iaaought.. * Se&ion 10 or Artiala 1 US the liquor Control lot provides, among other things, that3 -. 463 130% Bert Ford, .Bottlerls, . _- or Package Store Permit under this Aot shall give notioe-OS.-euoh . applioationby publication for two (e) oomeautlve issues in a newspaper or gen- eral olroulation published in the olty or town In whloh applioant's plaoe OS business is looated. Provided, h-ever, that in such lnstanoes where no newspaper is published in the city or town, then the same shall be published In a newspaper OS general olroulation published in the county where the appli- oant's business is located, ..." Section 13 OS Article 1 OS the Liquor Control Aot provides: "Any permit granted under this Aot shall be a purely personal prlv1lege.v The Liquor Control Act Is restrlotlve. The evident pur- pose OS the provisionsnith referenoe to pharmaoy pellpitsis to limit those eligible Sor the permit 80~as to proteot the partioular oommunity from being flooded nith mushroom phannaoies dispensing liquor under liquor penuits. The quotationabove rrom section 10 OS the AOt etldsnoes that the Legislaturehad in mind inaorporated.ofties and preoinots as political subdl- visions or the State. Ih view oS the quoted provisions apd the evident purpose or 'theAot, it ia our opinion that the Legislature,by the language epartloular polltioal subdlvision,vmeant the part& aular subdlvlslon in~uhlch the business is loaated at the time the applioation is *do, and that If that business 1.rlooated wlthln an,lnoorporatedoity, then the pharmaoy must have been in operation wlthln the lnoorporatedaity for a period OS two roars. In our opini.0~ the ph.rnsetmsd does not reier to the oounty as the pariAOUlar polltioal ~subdiv&sJon, but it does reter to the oitp or the preoinot in whioh the business is looated and has been operated Sor a period OS two years. Youra very ~txuly AITRoVEDAUG 3, l939 ATTORNZT GBAHUU, OF TEXAS 5LLGU.- ATTORNEY GEWRAL 03 TE#,S 8. Rollins Asslataat ASR;pbp